Beepat v. James
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Milano, J.), dated July 20, 2001, which denied their motion to vacate an or*346der of the same court dated May 19, 2000, which, sua sponte, dismissed the complaint for failure to timely file a note of issue.
Ordered that the order dated July 20, 2001, is reversed, on the law, with one bill of costs, the motion is granted, the order dated May 19, 2000, is vacated, and the complaint is reinstated.
The Supreme Court’s order dated December 7, 1999, cannot be…
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